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A Federal Court ruling that found Ottawa should have consulted an Alberta First Nation before passing sweeping changes to environmental laws should be a “wake-up call” to government, says an environmental law group.

In 2012, a pair of omnibus bills, C-38 and C-45, made changes to Canada’s environmental, navigable water and fisheries laws in an effort to streamline and expedite approval of resource projects. It sparked widespread criticism from First Nations and environmental groups, who helped launch the Idle No More movement in protest.

The wide-ranging bill, removed federal environmental oversight on most of the lakes, streams and rivers in the Mikisew Cree traditional territory in northeastern Alberta.

Last Friday, Federal Court Judge Roger Hughes ruled the federal government erred when it failed to consult with the Mikisew Cree before introducing the changes to parliament since those changes will clearly affect their right to use their traditional territory, particularly their hunting and fishing rights.

The court did not grant an injunction requested by the Mikisew Cree against any new laws.

But the ruling does open the door to the “neutron bomb” of overturning future laws if governments continue to fail to consult with First Nations, said Jessica Clogg, senior counsel for West Coast Environmental Law.

“The case has the potential to fundamentally change the rules of the game. It was essentially a signal to the federal government — but really all levels of government — that they can’t proceed unilaterally with legislation that has the potential to impact on aboriginal and treaty rights,” Clogg said in an interview.

The federal environment ministry deferred questions on the case to the ministry of natural resources. Officials there were not available for comment on Monday.

Ottawa has 30 days to appeal.

Although the case involved a First Nations with a treaty, it would also extend to First Nations in B.C., most of whom have not concluded treaties, said Clogg.

The Vancouver-based environmental law group contributed affidavit evidence in the case detailing the nature, scope and breadth of the 2012 federal environmental law rollback.

In the ruling, Hughes said Ottawa should have notified the Cree when the bills were introduced and given them an opportunity to respond.

“In the present case, no notice was given and no opportunity to make submissions was provided. In fact, each bill, which was structured as a ‘confidence’ bill, went through Parliament with remarkable speed,” he wrote in his 65-page ruling.

Hughes said the decision is not a restraint on what laws the parliament can enact, but rather “on the executive branch’s development of policies behind the bills during the earlier stages of the law-making process.”

Carrier Sekani Tribal Council chief Terry Teegee welcomed the decision as a “moral” victory, noting the northern council’s eight First Nations in north-central B.C. were particularly concerned with the fisheries law changes.

However, he said he wasn’t expecting the Harper government to repeal the law changes or begin real consultations with First Nations.

He said he expected, instead, to see First Nations continue to have to use the courts to fight law changes that undermined protection of the environment, and the resulting effect on their aboriginal rights and traditional territories.

Teegee noted that First Nations in B.C. were already using the courts against major industrial projects such as Enbridge’s $7.9-billion Northern Gateway oil pipeline and the recently-announced Site C hydroelectric project.

“In (Ottawa’s) attempt to fast-track these projects, they are going to run into more problems,” said Teegee.

Following the decision Friday, Mikisew Cree chief Steve Courtoreille said the First Nation considers the omnibus bills null and void.

Courtoreille said the Mikisew Cree will hold the government to account. When a project is proposed that will affect the steams and fish habitat on its land, the First Nation will demand Ottawa monitor and protect that waterway anyway.

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